- General Terms Of Service
- ANNEX 1 Registration Policy
- ANNEX 2 Privacy Policy
- ANNEX 3 Product Quality Policy
- ANNEX 4.1–4.2 Cargo Restrictions, Prohibited Goods, and Packaging Policy
- ANNEX 4.3–4.8 Cargo Restrictions, Prohibited Goods, and Packaging Policy
- ANNEX 5 Merchant Behavior and Communications Policy
- ANNEX 6 Order Processing, Pickup, and Store Drop-off Policy
- ANNEX 7 Delivery Policy
- ANNEX 8 Disbursal Policy
- ANNEX 9 Service Guarantee Policy
- ANNEX 10 Claims Policy
- ANNEX 11 Sustainable Use Policy
- ANNEX 12 Fraud Policy
- ANNEX 13 Merchant Quality Policy
- ANNEX 14 Definition of Terms
- ANNEX 15 Return-To-Shipper (RTS) Policy
General Terms Of Service
GoGo Xpress is owned and operated by QUADX, INC. (“QUADX”, “Gogo Xpress,” “We,” “Us,” or “Our”). When You (“Seller,” “You”, “User” or “Your”) use Gogo Xpress (“Website”, “Site” or “App”) and the websites or apps content and our technological solutions that facilitate payments and logistics services (the Site, software and such content, products, and services are collectively referred to herein as the “Services”, or “Service”), You have read, understood and accepted the Master Framework Agreement and other Related Policies (collectively, the “Terms”)—these constitute an Agreement between You and Us.
By signing up and/or using the Services, You understand and confirm that You are bound by these Terms.
The capitalized terms used in the Terms shall have the definition assigned to them in the Terms and
in ANNEX 14.
- Terms and Conditions
- The Terms contain the terms and conditions on which We supply the Services. You agree to be bound by these Terms and all applicable laws, rules and regulations and You undertake and warrant (i) to be fully and wholly bound by these Terms in Your own free will and deed; (ii) that You fully understand and acknowledge the contents, meaning, implications and effects of these Terms; and that You would not use or access Our Services if You had any claim or reservation against any matter in these Terms. You may also be asked to click “I accept” at the appropriate place prior to Your use or access of the Services. If You do not agree to these Terms, please refrain from using the Service.
- In order to participate in certain Services, You may be required to agree to additional terms, conditions, and policies; those additional terms are hereby incorporated into these Terms. Unless otherwise explicitly provided, these Terms shall take precedence over the supplemental terms.
- You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and its subsequent updates, revisions or modifications (without prior notice). We reserve the right to change or update these Terms, or any of Our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes Your agreement to abide by the Terms as changed. Under certain circumstances, We may also elect to notify You of changes or updates to Our Terms using other means such as pop-up or push notifications within the Services, email, or SMS.
- Services Provision and Fees
- Services and Features. By signing-up, You will be required to create an Account with Us. The following are the Services offered to You when You sign-up and agree to the Terms:
- Book a Delivery
- Sell a Product
- Bulk Order Upload
- Dashboard
- Disbursal
- You may use the Services in order to facilitate e-commerce and online transactions between You and your customers (the “Buyers”), subject to the Terms.
- Service Changes. You understand that We may rollout new features, change existing features, set conditions for access, suspend or permanently discontinue service or features without prior notice. You will be given notice and sufficient time as determined solely and reasonably by Us if there will be changes, temporary suspension, and or permanent discontinuance of Your Account, a service, or feature. Should We exercise our rights under this section, We will not be liable for any loss or damage suffered by You or your Buyers.
- Transaction Fees. Unless the parties agree to the different terms regarding Transaction Fees, the following terms shall apply.
- Registration and subscription to the Services are without cost.
- We reserve the right to deduct any fees, charges, (including reversal or chargeback fees) incurred by Us or the Fulfillment Partners related to Your Use of the Service, as well as any
applicable transaction fees from Your account, or Your accounts from Our other products and solutions. - You may not place a surcharge or require your Buyers to pay extra fees on any of Your payment options.
- Service Fees. Unless the parties agree to different terms regarding Service Fees, the following terms shall apply:
- Shipping fees are inclusive of 12% VAT.
- Please see Our packaging options and shipping fees as detailed in the Pricing section of Our Site.
- All pickups and deliveries are subject to a Valuation fee. Please refer to our latest Fees.
- Insurance fees will be charged if Your Package exceeds Php500.00 in value.
- Non-cash payments may be subject to payment processing fees, Merchant Discount Rate (MDR), and other related fees charged by Our payment processor.
- If Your Package exceeds the specifications, We will be unable to accept the Package. However, if We choose to accommodate said Package, You agree to pay for any and
all additional charges, fees, and penalties, that will be charged to You and may be deducted from any disbursal due to You or will become due to You. - Shipping fees, Valuation fees, Insurance fees, Payment processing fees, MDR, and other related fees will be shouldered by either You or the Buyer depending on what was agreed upon. These fees may also be added on to or be made part of the value of the Item that is subject for sale.
- You will be responsible in paying Us said Shipping fees, Valuation fees, Insurance fees, Payment processing fees, MDR, and other related fees.
- Return-To-Sender (RTS) fees, except when waived in writing by Us at our sole discretion, will be shouldered by the Merchant. RTS fees are imposed after an undelivered package is returned to the point of origin (pickup address).
- The RTS fee is equal to the shipping fee (and other related fees) charged for the delivery, subject to change without further notice, and may (at Our sole discretion and without prior notice at each instance) be deducted from Your next disbursal or paid by You outright upon receipt of the returned package. We, at Our sole discretion, may also send invoices to You to collect owed RTS fees. Please refer to our latest section on Transaction Fees.
- Fees Changes. We reserve the right to modify the Transaction Fees, any and all applicable charges, and billing methods at any time, subject only to a seven (7)-day (calendar days) prior notice. This notice may be given through the Site or via other communication channels (including electronic mail and messaging applications). Your continuous use of the Service after the applicability of any change shall indicate your agreement to such change.
- Services and Features. By signing-up, You will be required to create an Account with Us. The following are the Services offered to You when You sign-up and agree to the Terms:
- Merchant Responsibilities
- You warrant and undertake to comply with these terms and conditions and all related policies (collectively, the “Related Policies”) such as but not limited to:
- Registration Policy indicated in ANNEX 1.
- Privacy Policy indicated ANNEX 2.
- Product Quality Policy indicated in ANNEX 3.
- Cargo Restrictions, Prohibited Goods, and Packaging Policy indicated in ANNEX 4
- Merchant Behavior and Communications Policy indicated in ANNEX 5.
- Order Processing, Pickup, and Store Drop-off Policy indicated in ANNEX 6.
- Delivery Policy indicated in ANNEX 7.
- Disbursal Policy indicated in ANNEX 8.
- Service Guarantee Policy indicated in ANNEX 9.
- Claims Policy indicated in ANNEX 10.
- Sustainable Use Policy indicated in ANNEX 11.
- Fraud Policy indicated in ANNEX 12.
- Merchant Quality Policy indicated in ANNEX 13.
- Definition of Terms indicated in ANNEX 14.
- You warrant and undertake full, ultimate, and sole responsibility with all acts and interactions committed using the Account you create and all interactions and engagements with Your Buyers.
- You warrant and undertake to inform your Buyer about the Service’s ANNEX 15 Buyer Terms and Conditions.
- You are responsible for complying with all applicable consumer laws of the Philippines in relation to Your use of the Services.
- You warrant and undertake that You are responsible for resolving any dispute arising from Your use of the Services, including but not limited to the quality and quantity of the Items sold and/or disposed by You. You agree to maintain responsibility over product or item disputes raised by Your Buyers. You also agree to the following dispute terms:
- You should be responsible for actively resolving any disputes with Your Buyers within a period of seven (7) calendar days from the date of the dispute notification. In case of failure to do so, You agree that We have the right to limit or modify Your access to the Services, your Account, issue a warning, temporarily suspend, indefinitely suspend, or terminate Your registration and refuse to provide the Services. We may exercise any one or any combination of the foregoing remedies.
- We have no obligation to mediate any dispute (i) involving Your usage of the Services; (ii) between You and Your Buyer; or (iii) between You and another user of the Services; between You and any other third party (each, a “Merchant Dispute”). However, We reserve the right, but not the obligation, in Our sole discretion to (i) intervene in Merchant Disputes, (ii) cooperate and/or assist Buyers and third parties in their complaints regarding You, or (iii) cooperate and/or assist government agencies, courts, tribunals, and law enforcement agencies regarding Merchant Disputes.
- Any participation by Us in the instances described in the immediately preceding section is not an admission We are a party to the transaction between You and the Buyers. You agree and consent to the sharing of Your personal information (name, address, mobile number, e-mail address, transaction history, bank details, payment details) account information, and other information involving to or related to the disputed transaction, for purposes of mediating and/or resolving any dispute raised by Your Buyers, third parties, or law enforcement agencies, to the following: The Buyer, government offices, instrumentalities, and agencies, law enforcement agencies, law firms, and private investigative agencies.
- You are responsible for all applicable taxes and issuing sales transaction documents, as required by applicable laws and regulations, such as official receipt or sales invoice to your Buyer.
- You are responsible for filing the refund request on behalf of Your Buyer.
- You are responsible and shall be liable for all applicable taxes that are attributed to Your use of the Services.
- You warrant and undertake to comply with all Our Terms and Related Policies and permit Us to report sales transaction information as required by a government regulation and/or overseeing government agency.
- You covenant and undertake to fully cooperate in good faith with Us and Your Buyer should We suspect fraudulent activity of any kind on Your account or Your use of the Services. You also undertake to investigate the matter and/or cooperate with Us, Your Buyer, the payment provider, or other third parties, until the issue has been resolved
- You warrant and undertake to comply with these terms and conditions and all related policies (collectively, the “Related Policies”) such as but not limited to:
- Service Restrictions
- You shall not transfer, sell or disclose Your account details and Registration Information such as the email address and password (the “Credentials”) to another party. You shall be solely responsible for keeping Your Credentials secure. If You are to share Your access to Your business partners, employees or any third parties for any intent, You will be held solely and ultimately accountable for their use of our Services.
- You accept the risks associated with the use of a website, app and software such as but not limited to: failure of the app and/or software, hacking of servers, failure or interruption of internet connection; the introduction of malicious software, failure of security of Your Credentials; failure of communication; service disruptions, and lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. To mitigate these risks, We will exert reasonable efforts to secure the System.
- You warrant that You will not use the Services in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden or impair the service or tarnish, blemish or damage Us, the Services, Our other products, or Our reputation.
- WITHOUT LIMITING OTHER REMEDIES, WE RESERVE THE UNQUALIFIED RIGHT TO LIMIT OR MODIFY YOUR ACCESS TO THE SERVICES, YOUR ACCOUNT, ISSUE A WARNING, AND/OR IMPOSE PENALTIES RELATED REGISTRATION AND ACCESS, PENALTY FEES, CHARGES, CHARGE YOU FOR LOSSES AND DAMAGES, OFFSET DAMAGES INCURRED BY US BORNE THAT ARE MATERIALLY ATTRIBUTABLE TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THE TERMS, AND/OR TAKE LEGAL ACTION. IN ALL CASES, WE ALSO HAVE THE RIGHT TO RETAIN FUNDS IN OUR POSSESSION WHICH WE ARE OTHERWISE REQUIRED TO DELIVER OR MAKE TO YOU AGAINST ANY AMOUNTS WHICH YOU OWE TO US ARISING FROM THIS TERMS AND OTHER AGREEMENTS BETWEEN YOU AND US. THE OPTIONS ENUMERATED UNDER THIS SECTION SHALL BE CUMULATIVE REMEDIES AVAILABLE TO US.
- You understand that violation of the Terms will cause substantial and irreparable harm and damage to Us, Our reputation, goodwill, systems, servers, resources, and other assets, and to our other users and the public. As such:
- In the event that any of the provisions in the Terms is violated, You shall immediately be liable to pay Us in the amount of Five Million Philippine Pesos (Php5,000,000.00) by way of liquidated damages. Payment shall be made within five (5) calendar days after receipt of a written demand therefore made by or on behalf of us. Actual receipt by You of such written demand will be conclusively deemed properly accomplished by Us mailing the same to Your address as set forth above, or, in the alternative, sending such notice via electronic mail to You, whichever comes first
- It is hereby expressly agreed upon and understood that the payment by You of any amount as liquidated damages pursuant to this provision shall be in addition and without prejudice to any and all possible liability (for any manner of damages) it may or will incur in law and in equity. Neither shall the receipt by Us of such liquidated damages prejudice, preclude or diminish any other right, remedy, relief, amount, compensation or course of action available to Us under the law and equity.
- You understand and agree that GoGo Xpress has the right and authority to, at any time, offset against any payment or other remuneration due or become due to You, or anyone claiming through You, any debt or debts due or to become due from You to GoGo Xpress because of Your use of the Services or through other services owned or operated by QUADX Inc. (collectively, “Other QUADX Services”).
- You agree and acknowledge that any breach of these Terms shall also be a ground for the suspension and/or termination of your access to Other QUADX Services. You further agree and acknowledge that any breach of the Terms of Other QUADX Services shall be a ground for the suspension and/or termination of your access to these Services.
- Transactions or payments that are processed fraudulently or in violation of these Terms shall be revoked. Violations of our Fraud Policy (ANNEX 12), and/or failure to follow procedures implemented by Us shall be tantamount to having committed fraud.
- Acceptable Use
- Sell A Product Link. You warrant and undertake that the Sell A Product Link feature is to be used solely for Buyers to purchase and book orders for Delivery from You. You agree and undertake not to take use (directly or indirectly through Your employees, personnel, agents, or associates) the Sell A Product Link feature to purchase on behalf of Buyers. Violating this term will subject You and YourAccounts to deactivation at Our discretion and void any claim against us.
- Book A Delivery Feature. You warrant and undertake that the information entered in the Book A Delivery Feature pertaining to Your Buyer (including but not limited to the Buyer’s name, contact information, address, item description) (collectively, the “Buyer Information”) is correct, not fictitious, or incomplete. Inaccurate or incomplete Buyer Information will impact your sustainable use metrics as indicated in ANNEX 11 Sustainable Use Policy.
- Bulk Uploader. You warrant and undertake that the Buyer Information You upload using the Bulk Uploader Feature is correct. You undertake to perform best efforts to verify the Buyer Information before approving these orders for processing. Incorrect, incomplete, or fictitious Buyer Information will impact your sustainable use metrics as indicated in ANNEX 11 Sustainable Use Policy and or subject You and Your Accounts under ANNEX 12 Fraud Policy.
- Plug-ins. You warrant and undertake that the Buyer Information you feed using Plug-in(s) Feature is correct You should undertake best efforts to verify these Buyer Information before approving these orders for processing. Incorrect, incomplete, or fictitious Buyer Information will impact your sustainable use metrics as indicated in ANNEX 11 Sustainable Use Policy and or subject You and Your Accounts to penalties as indicated in ANNEX 12 Fraud Policy.
- Manipulation of Ratings and Reviews. Ratings and Reviews Feature is created to increase public trust for Your business, protect Buyers, and maintain the integrity of the Service. You warrant and undertake not to manipulate ratings and reviews of your Account by allowing Buyers to independently rate and review their experience with You. If You are found to be manipulating your Ratings and Reviews through any means, you and Your Accounts will be subject to penalties as indicated in ANNEX 12 Fraud Policy.
- Order Processing, Pick up, Store Drop-off, and Delivery
- You agree and understand the procedure for order processing and Item pick-up as indicated in ANNEX 6 Order Processing, Pickup, and Store Drop-Off Policy.
- You agree and understand the procedure for delivery in ANNEX 7 Delivery Policy.
- Disbursal of Transactions Proceeds
- Sales and proceeds of sales from using the Services shall be treated as a sale by You.
- A sale is only concluded if and when: (i) an order is placed that contains all pertinent and required details via the Service; (ii) payment is received by Our account; and (iii) the goods have been delivered and actually received by the intended recipient.
- You agree and understand the procedure, schedule, and policy for Disbursal of Earnings as indicated in ANNEX 8 Disbursal Policy.
- Disbursement of the Earnings due to You (as provided in this Terms and other agreements), if applicable, shall be disbursed to You in accordance with our standard payout schedule as described in ANNEX 8 Disbursal Policy. We reserve the right to modify the payout schedule at any time, subject only to a 14-day prior notice.
- We have the right to withhold your Earnings and impose penalties against your Earnings as indicated in the Terms, including ANNEX 8 Disbursal Policy if violations have been made.
- In the event that there is an error in the computation of the Disbursements or Earnings given and paid out to You:
- You agree that We are authorized to deduct any amounts provided to you in excess of what was actually due to You in any of the succeeding Disbursements to be given to you. We shall inform you about such deductions; or
- We shall send you an invoice containing the amount due from You. You shall pay such invoice within ten (10) days from the date that it was sent to You. We may exercise our rights in this section at any time.
- Dispute Resolution
- BY AVAILING OF OUR SERVICES YOU WARRANT AND UNDERTAKE TO COMPLY WITH DISPUTE RESOLUTION TERMS.
- All disputes arising out of, relating to, or in connection with penalties imposed on you based on ANNEX 13 Merchant Quality Policy can be settled by signing Release, Waiver, and Quitclaim agreement (RWQ agreement). If you do not sign the RWQ agreement, you agree and undertake that the remaining recourse for solution is to go through resolution to small claims courts.
- In the event of a claim or dispute, You agree to observe good faith and exert best efforts towards an amicable resolution of any claim or dispute. Any claim or dispute initiated by You arising out of or relating to the Terms or Your use of the Services that is not resolved amicably within twelve (12) months after the initial of the claim or dispute shall be finally resolved by arbitration, except that You and Us are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”) in accordance with its rules. The place of arbitration shall be the City of Taguig, Metro Manila, Philippines or another city in the Philippines if the parties so agree. Unless the parties agree to arbitration by a sole arbitrator, the dispute shall be resolved by three (3) arbitrators. We may choose to bring an individual action in court. This arbitration agreement will survive the termination of Your relationship with Us.
- These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of law’s provisions.
- To the extent that the Parties are permitted under the Terms to initiate litigation in a court of law, You agree that all claims and disputes will be litigated exclusively in the courts of Makati City, Metro Manila, to the exclusion of all other courts.
- Virtual credits
- We may provide a service that allows you to purchase credits (“GC Credits”). In the event that we provide such services, You shall comply with the terms under this Section:
- The purchase of any GC Credits must be made lawfully, under legitimate means, and with fiat currency. Notwithstanding your purchase or possession of such GC Credits, you acknowledge and agree that the amounts of any GC Credits do not refer to any credit balance of fiat currency, e-money, or its equivalent. The purchase and/or receipt of GC Credits grants you a limited license to use such GC Credits, including software programs that may manifest themselves as these credits, according to the terms and conditions we may provide from time to time.
- GC Credits may only be used to pay for services provided by Us and may not be transferred to another user or account. GC Credits may not be redeemed by You for fiat currency.
- We may provide a service that allows you to purchase credits (“GC Credits”). In the event that we provide such services, You shall comply with the terms under this Section:
- Disclaimers
- You undertake and warrant that the Items You are selling via the Services satisfy the standard expectations of a buyer (merchantability), do not and will not infringe any third party rights; are of an acceptable quality and consistent to Your released product information.
- In any event, You agree and understand that We shall not be a party to the transaction between You and Your Buyer. As such We shall not be liable for any damages or losses aside from actual losses sustained by You due to Our willful misconduct or gross negligence in accordance with the Terms.
- Third Party Services. You may have access to services of third parties through Our Services (the “Third Party Services”). In those cases, said Third Party Services shall be subject to the terms, conditions, and limitations imposed by those third parties, which shall also be binding on You. We reserve the right to reject or refuse any Third Party Service used by You in conjunction with Our Services. You undertake to comply with the terms of service of such Third Party Services when used in conjunction with Our Services. Should you violate the terms of the providers of the Third Party Services, we shall consider such violation as a violation of Our Terms as well.
- Your correspondence or business dealings with, or participation in promotions of, third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. We shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.
- When You acquire goods or services from, or when You sell or offer to sell goods or services to a third party through any of Our Services, You understand and agree that (i) We are not a party to the contract between You and the third party; (ii) We are under no obligation to monitor the third party service used by You; (iii) the third party will be responsible for all obligations under the contract with You, including (without limitation) warranties or representations.
- We shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect related to the goods and/or services that You offer, and no warranty, or indemnity of any kind shall be given or deemed to be given by Us in respect thereof.
- You shall be solely liable for the loss incurred by You due to unauthorized transactions where the loss is due to an act or omission attributable to You, such as (but not limited to), where You have failed to secure Your Credentials or Account.
- You agree and acknowledge that nothing in this Agreement limits You from entering into similar arrangements or availing of similar services with third parties. Accordingly, You agree and acknowledge that we shall not be liable for any loss incurred by you due to such similar arrangements or services with third party.
- In using the Website, Site, or App, You acknowledge and accept that the operation of the same is dependent upon the proper and effective functioning of internet services and other third-party equipment and/or software. We disclaim all warranties related to network and telecommunication providers, third party providers, and do not accept any liability for these in any way. In all cases, You agree not to hold us liable for losses, damages, and cost arising from or related to the delay or failures by merchants, Your own network or infrastructure, telecommunication providers, third party service providers, terrorist attacks, hacking, government actors, force majeure, or any analogous circumstance.
- Intellectual Property, Copyrights and Trademarks
- You shall not use the Services to promote or facilitate illegal actions, including but not limited to the sale or offering for sale of goods or services that infringe on the intellectual property rights of a third party.
- You shall not use the Service in a manner that violates the rules outlined in ANNEX 3 Product Quality Policy.
- You warrant that the materials You use on the Services do not infringe the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.
- 4. Except for the content shared by You, We retain ownership and all intellectual property rights of the used in all components of the Services (including software, codes, notes) as well as ownership of all the hardware and software involved in development, maintenance and hosting of the Services.
- If You make reference to Our Services or technology and intend to use Our trademarks, service marks and logos, You shall strictly comply with all standards and guidelines made available to You from time to time. All uses of any Gogo Xpress Trademarks shall intend to solely benefit Gogo Xpress and its service.
- 6. You agree to allow Us to review all the User-submitted Information. We do not claim any ownership over the intellectual property rights over the content You make available in Your Account. You shall, however, grant to Us a perpetual, worldwide, royalty-free license over all User-submitted content, to allow Us to use, copy, display, broadcast, publish, modify, or otherwise communicate the same to the public, or to create derivative work from the User-submitted Information You will not be entitled to the payment of any fees should we exercise our rights under this section.
- You acknowledge and agree that the materials on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks (whether registered or unregistered), service marks and logos contained therein (“Marks”), are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions. The Service may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to Us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant You any right in relation to such trademarks. Materials on the Service are provided to You “as is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- We reserve all rights not expressly granted herein to the Service and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. If You download or print a copy of the Materials for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.
- The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Service, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
- You further agree not to reproduce, duplicate or copy content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed in the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
- Confidentiality
- You shall agree not to disclose or make Confidential Information (as defined below) available in any form to any third party not authorized by Us, or to use Confidential Information for any purpose other than as specified in the Terms.
- Confidential Information shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, receipts, communications, or financial information disclosed by Us to You.
- You shall agree that in the event of use or disclosure of Confidential Information other than as specifically provided for in the Terms, are entitled to equitable relief. Notwithstanding termination or expiration of Your use of the Services,, You acknowledge and agree to perform the obligations of confidentiality with respect to Confidential Information.
- Indemnity and Limitation of Liability
- You shall indemnify, Us, Our officers, directors, stockholders or representatives and customers from and against any claims, damages, expenses and/or losses (including attorney’s fees) caused by or reasonable related to Your use of the Services, or any negligent act or omission by You, Your employees, or agents.
- Notwithstanding any other provision herein, in no event shall We be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind, nor for any lost profits or revenues, in connection with or arising out of the agreement, the operation, use or access to the Services.
- The quality of the items purchased via the Gogo Xpress site and app and the accuracy of the claims are the responsibility of the Seller. We do not warrant, represent or guarantee the quality of the items or that the claims made by the You are accurate. To the full extent permissible by applicable law, We disclaim all warranties (whether express or implied), including but not limited to, merchantability, accuracy, status, fitness for a particular purpose, characteristics of the same, or non-infringement. We shall not be responsible for any loss or injury or damage incurred as a result thereby.
- The Service is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service is free of defects or is suitable for any particular purpose. In no event shall We be responsible for loss or damages arising from the installation or use of the Service, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
- Under no circumstances shall We be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the User’s access or use of or inability to access or use the Website, Site, or App, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages.
- Endorsement
- Our display of service registration or product information is not an endorsement of the Seller, Seller’s website, or of any goods offered on the Seller’s website. Any attempt to state or imply Gogo Xpress’s endorsement of Your Items constitutes grounds for the immediate closure of Your Account and a permanent removal of Your access to the Services.
- General Terms
- All the provisions of the Terms are subject to all applicable Philippine laws, without regard to conflict of law’s provisions.
- These Terms constitute the entire agreement between You and Us concerning the Services, and supersedes all prior communications or agreements, written or oral, and is intended to be a complete and exclusive statement of the terms and conditions between the parties.
- We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control or materially attributable to third parties such as but not limited to telecommunication providers, electricity providers and other suppliers.
- If We delay exercising or fail to exercise or enforce any right or interest available to Us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. All remedies available to us under these Terms shall be cumulative.
- In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
- Applicable laws require that some of the information or communications We send to You should be in writing. When using the Services, You agree to transact with Us electronically, and that communication with Us will be mainly electronic. We may contact You by email or provide You with information by posting notices on the Services. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
- Unless otherwise specifically indicated, all notices given by You to Us must be sent to customercare@gogoxpress.com. We may give notice to You at the email address You provide to Us when You register. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent including SMS to the phone number or email address You registered when your registered for the Services. In proving the service and receipt of any notice or correspondence we made to You via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
- If any of these Terms is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all other provisions.
ANNEX 1 Registration Policy
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
- By registering for the Services, You warrant that You are 18 years old and above and have the capacity to enter into valid contracts under Philippines law and that You are residing and located in the Philippines.
- You attest that all the User-submitted Information You provide when You register for and/or use the Services is accurate, truthful, valid, and verifiable. If there are any changes to Your Registration Information, You are responsible for updating this information.
- If any portion of the User-submitted Information is at any time found inaccurate, invalid, unverifiable, and or unqualified, You will be issued three (3) penalty points and Your Account will be subject to the following penalties:
- a. Your Account and Associated Accounts will be deactivated and your disbursals will be put on-hold until You have corrected Your Registration Information and have resolved other issues flagged by Us against Your Account(s)
- b. All claims You file against the Us during the period your Registration Information is invalid, inaccurate, or incomplete will not be processed and/or honored.
- If You are registering as a business entity, You represent that You have the authority to bind the business entity to the Terms
- Any personal information You provide while using the Services is covered by our ANNEX 2 Privacy Policy.
ANNEX 2 Privacy Policy
We at QuadX take your privacy seriously. And We always want to make sure that Your privacy and the Personal Information and other data You share with Us is absolutely safe. That’s why we take every measure to protect and manage it.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein
“Policy” as used in this Annex shall refer to this Annex.
- Service Description. We collect different kinds of data to allow Us to provide Our Services to You and ensure that the integrity of Our Service is maintained and that no harmful or illegal activities transpire in the use of Our Services.
- Personal Information Collected and Processed. We collect the following categories of data:
- a. Personal Data – These are data that allow Us to identify You as a person using Our Services. This shall include:
- i. Full Name
- ii. Address
- iii. Email Address
- iv. Mobile Number
- v. Bank Account
- vi. Social media username and handle
- vii. Social media posts that are public
- b. Unique Identifiers – These are data that allows Us to identify You based on the browser, application, and device You are using to access Our Services.
- i. Internet Protocol Address (IP Address)
- ii. International Mobile Equipment Identifier (IMEI)
- c. Data We Collect As You Use Our Services – These are the data We collect as You use Our Services:
- i. Content You upload in Our Services to perform Your Transactions
- ii. Internet Browser and Browser Settings Data
- iii. Operating System Data
- iv. Mobile Network Information
- v. Geolocational Data
- d. Data We Collect Based On Your Activity – These are data We collect based on Your activities in Our Service:
- i. Other accounts You associate Your bank account with
- ii. Frequency and volume of transactions
- e. Data We Collect Outside Our Service – In some cases, We work with government agencies and the private sector to collect data about You to prevent fraud and abuse in Our Services and conduct investigations
- a. Personal Data – These are data that allow Us to identify You as a person using Our Services. This shall include:
- Method of Collecting Data
- a. Personal Data
- i. We receive Your Personal Information and of other individuals, including other users of the Services, the Buyers, and Fulfillment Partners that engage Our Services through Our registration procedure and other aspects of Our Services.
- ii. QUADX may also contact You by email or phone call, to verify the information You provided to facilitate the use of the Services, to facilitate promos, offers, payment process and other requests. By providing Your Personal Information directly to us, you shall be deemed to have consented to the terms of this Policy, including the purposes set out in this Policy for which We collect, use and disclose your Personal Information.
- b. Unique Identifiers, Data We Collect As You Use Our Services, and Data We Collect Based on Your Activity
- i. QuadX collects these as You use Our Services
- c. Data We Collect Outside Our Services
- i. By using Our Services, you consent to allowing Us to endorse the data You provided and We collected to government agencies, law enforcement agencies, and private organizations to profile and verify You in the event of an investigation for fraudulent and or irregular activities.
- ii. You also consent to us sharing the data to other users of the Service, the Buyers, and our Fulfillment Partners in order to assist in investigations, prevent fraudulent activities, and maintain the integrity of Our Services.
- a. Personal Data
- Where You have provided Us with Personal Information of individuals other than Yourself, You warrant that you have obtained their consent for the disclosure and the processing of their Personal Information (pursuant to this Policy), in accordance with the Data Privacy Act of 2012 (“DPA”) and that any Personal Information provided by You is accurate and complete to facilitate the Services, such as, but not limited to, delivery of Items, investigation of cases, prevention of fraudulent activities.
- Methods of Processing. Your Personal Information may be processed both by way of computer media and on paper, in compliance with the rules in relation to personal data protection.
- Purposes. The collected Personal Data from You will be used, and processed by Us and the third party service providers We partner with for the following reasons:
- a. Account maintenance and verification
- b. Process transactions
- c. Resolving complaints and disputes
- d. Maintain a standard of merchant quality
- e. Feedbacks
- f. Facilitation and sending of Promotions
- g. Establish, exercise or defend legal claims
- h. Facilitation of disbursal of payments or refunds
- i. Accounting, risk management, compliance and record keeping purposes to access the platform
- j. Analysis and survey for the improvement of Our Services
- k. Delivery of ads to You which are related to Our Services which may be of interest to You on the Site, other websites, apps, or online platforms
- l. Conduct of market studies and market research
- m. Quality and Security Monitoring
- n. Provision of Customer Care and customer service
- o. Prevent, detect, and investigate crime, including fraud and analyzing and managing commercial risks
- p. Fulfillment of any other purposes directly related to the above-stated purposes
We will not process your personal information in ways incompatible with the above-stated purposes.
- Data Retention. Your Personal Information will be retained or stored for as long as the purposes for which they are being processed have not been satisfied, as long as You are using Our Services, and as necessary to comply with legal obligations, resolve disputes and claims and enforce Our Terms.
- Transfers and Disclosures. We take all reasonable steps to protect your Personal Information against unauthorized disclosure. We will not sell, rent, share, trade, or disclose any of Your Personal Data to any other party without Your prior written consent, with the exception of personnel or entities within Our organization and any third-party service providers which We engaged, whose services necessarily require the processing of your Personal Information. We may disclose Personal Information to the following:
- a. Disclosures to QuadX employees and personnel – to provide and fulfill Our Services and obligations to You
- b. Disclosures to payment partners such as payment gateways, payment aggregators, payment system operators, banks, money services businesses and other financial institutions – to fulfill Our Services and obligations to You
- c. Disclosure to our contractors and service providers including but not limited to logistics partners – to provide operational services and support and to assist Us in the fulfillment and performance of Our Services and obligations to You
- d. Disclosures to Our auditors, bookkeepers, and lawyers
- e. Disclosures to government agencies, law enforcement agencies, or relevant regulatory body in compliance with applicable laws
- f. Disclosures to other users and Buyers in order to investigate complaints, prevent fraud, and maintain the integrity and safety of the Services
- g. Disclosures to brands, advertisers, retailers, and service providers for the delivery of advertisements to You of products and services which may be of interest to You
- h. Disclosures to stockholders, business partners, potential investors, or target companies – to discuss potential merger and acquisition deals
- i. Disclosures to any other party whom You have provided your consent for such disclosure.
QUADX implements strict standards of security across Our operations to prevent any leakage, loss, damage, or unauthorized copying of your Personal Information in Our system.
We will not share Personal Information with third-parties not covered by this Policy unless a consent form has been furnished to Us by YOU, and they shall conform with the Data Privacy Act of 2012 (the “DPA”) and confidentiality requirements.
- Data Protection Measures. We have put in place physical, electronic and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store.
- Third-party websites. We may, at times, provide links to third-party websites, or have advertisements with links to third-party sites. These links are provided as a service to You and We do not provide any personal data to these websites or advertisers.
Since We do not provide any data to these websites or advertisers, and We are not connected to them in any way, We are not responsible for their privacy practices, and our Privacy Policy does not apply to them. These sites have their own privacy policies, which you should review as well.
- Social Media Listening. We may use social media listening tools that monitor keywords or hashtags used in Your public social media posts for the purpose of monitoring Our reputation, feedback, tracking and resolving issues, detecting fraud or managing crisis.
- Changes in the Privacy Policy. We may revise this Policy if it’s required, or when dictated by the National Privacy Commission or any amendment to the DPA.
You will be informed of any changes made to this Policy as soon as We post it here on Our Services, and said changes will be effective immediately. To make sure You are always informed, We encourage you to check for updates every now and then.
Don’t worry, if We make any changes, the changes will not be retroactively applied, and it will not change how We handle Personal Information previously collected. For that, We will ask you for Your permission, unless it’s required by law that We change how we collect and process Personal Information.
- Personal Information Controller. QuadX Inc. is the Personal Information Controller under the DPA, which means that We determine what purposes personal information We hold will be used for. It may also be that your personal data is disclosed to third parties pursuant to a data sharing agreement. In which case, such third parties are also the Personal Information Controllers of your personal information
- Rights of the Data Subject. Your data privacy rights under the DPA are the following:
- a. Right to access Your Personal Information
- b. Right to make corrections to Your Personal Information
- c. Right to object to the processing of Your Personal Information
- d. Right to erasure or blocking of Your Personal Information
- e. Right to be informed of the existence of processing of Personal Information
- f. Right to damage
- g. Right to lodge a complaint before the NPC
- Contact US:
- a. How can you access, correct, and update personal data we have about you?
If You’d like to exercise Your data privacy rights or should You have any inquiries or feedback on this Policy, or any complaints to Us, you may reach Us through the following:- i. Our “Contact Us” button in our websites: gogoxpress.com
- ii. Through a written letter or an email to our Data Protection Officer (DPO)
- iii. You can send a letter to:
Data Protection Officer
QuadX Inc. G/F XSpace
2287 Chino Roces Extension
Makati City, Philippines
Office: 8778243
Email address: dataprivacy@quadx.xyz
You can also file a complaint with the:
National Privacy Commission (NPC).
For further details, please refer to NPC’s website: https://privacy.gov.ph/mechanics-for-complaints/
Please note that any request for correction, erasure and/or objection to process your personal data is subject to applicable laws and/or the DPA, its IRR and other issuances of the NPC. We may charge you a minimal fee to cover for the cost of verifying a request for information and locating, retrieving, reviewing and copying any material requested
Contact Number : 63-2-234-22-28
- a. How can you access, correct, and update personal data we have about you?
- You are encouraged to keep Your Personal Information submitted to Us during registration current and updated.
- You acknowledge and agree that QuadX reserves the right to disclose Your Personal Information to any legal, regulatory, government agency, law enforcement or authorities, as may be required by law, or if We have reasonable grounds to believe that disclosure of Your Personal Information is necessary for the purpose of meeting any obligations, requirements or arrangements whether voluntary or mandatory as a result of cooperating with an order, and investigation.
- To the extent permissible by law, You agree not to take any action and /or waive Your right to take any action against QuadX for the disclosure of Your Personal Information in the above circumstances
- This consent and authorization remain valid and subsisting for a limited period consistent with the purposes above or until otherwise revoked or cancelled in writing. You may inform QuadX of the specific personal information you do not want to be processed beyond the requested purpose. QuadX will respect your request insofar as it is feasible to fulfill the purpose for which the personal information was collected
ANNEX 3 Product Quality Policy
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
Items sold and sent through our Service should be compliant with this Policy to ensure You are not violating applicable consumer laws and regulations in the Republic of the Philippines and our partner providers in relation to the use of the Service.
This Policy governs what Items You are allowed to sell, its quality, how it is advertised, and how we measure your Product Quality Score.
The use of the term “Policy” in this Annex shall refer to this Annex.
- You covenant and represent that: You are responsible for ensuring that the Items adhere You sell through Our Service adhere to the following product quality guidelines:
- a. Product Advertising
- i. Product advertising refers to the key visuals, text descriptions, and sales talking points whether verbal or written that You use in Your online store to attract and help buyers make purchase decisions.
- ii. You must ensure that your product description is truthful and not deceptive.
- iii. You must ensure that You update Your product description in Your website, online stores, and other channels where Your Buyers see Your Items.
- b. Defective, Damaged, and Expired Products
- i. Defective products refer to products that are not working when used, or are not consistent with the claims and descriptions made by You.
- ii. To ensure avoidance of returns or complaints, You should set-in place clear procedure on Your warranty and return policy. As a minimum, Your warranty and return policy must be aligned with the minimum requirements under law and with ANNEX 7 Delivery Policy. In the event of conflict between Your warranty and return policy and ANNEX 10, ANNEX 7 Delivery Policy shall be controlling.
- c. Wrong Item Sent to Buyer
- i. You shall ensure the confirmation of the Buyer in writing (SMS, chat, or email) of their orders by writing complete and accurate product details before You approve Your order.
- ii. You should be mindful with the order details of Your Buyers before packing them for pickup by Our Riders and Fulfillment Partners.
- d. Price Online is Different from Price Upon Delivery
- i. You should not promise free shipping if You will not shoulder the cost of shipping.
- e. Promotion and Bundling
- i. You are responsible for honoring promotion schemes You promised to Your Buyers whether it is a freebie or bundle of a related item You agreed with the Buyer as a bundle.
- ii. You warrant that You are capable of fulfilling Your promotion scheme and bundling offer before You advertise or commit the same to a Buyer.
- f. Low Product Rating by Buyer
- i. A low product rating given by the Buyer is a consequence of how You sold Your Item to the Buyer, negligence in maintaining quality product inventory, shipping the wrong or inaccurate Item to the Buyer, and/or not honoring Your promotion commitment to the Buyer
- ii. Adhering to the guidelines for product quality will help You increase and maintain a healthy product rating from the Buyer
- g. Prohibited Goods
- i. The following items are prohibited from being sold or offered to be sold using Our Services:
- Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety
- Drug paraphernalia
- Cigarettes
- Items that encourage, promote, facilitate or instruct others to engage in illegal activity
- Stolen goods including digital and virtual goods
- Items that promote hate, violence, racial intolerance or the financial exploitation of a crime
- Items that We consider obscene
- Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
- Certain sexually oriented materials or services
- Ammunition, firearms, or certain firearm parts or accessories
- Certain weapons or knives regulated under applicable law
- Products or services identified by government agencies to have a high likelihood of being fraudulent and services
- Products or services that cannot be transported within the country, as identified by airlines as a prohibited item or as unacceptable cargo.
- ii. You undertake to comply with ANNEX 4 Cargo Restrictions, Prohibited Items, and Packaging Policy.
- i. The following items are prohibited from being sold or offered to be sold using Our Services:
- a. Product Advertising
- Alcoholic beverages can only be sold to persons aged 18 or over. By selling and causing the delivery of alcohol, You expressly represent and warrant that You conducted the necessary due diligence to ensure that the Buyer (i) is at least 18 years of age and (ii) will provide bone fide identification showing that said Buyer is at least aged 18 or over. We or Our Fulfillment Partners may refuse to deliver any alcohol products to any person unless the latter can provide a valid photo ID indicating his or her age. We and the Fulfillment Partner may also refuse to deliver any alcohol products to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery is refused by Us, our Fulfillment Partners, or the intended recipient, You will still be charged for the relevant fees for the delivery of the same.
- We are under no obligation to monitor the accuracy of the product details You are using to close sales with Your Buyers. However, You grant Us the right to access Your links or Account through manual observation or automated “spidering” or other automated search techniques with the sole intention of confirming the accuracy and legitimacy of Your product information.
- We will flag and investigate Your Account and Associated Accounts if Your Items have been returned because of reasons such as, but not limited to:
- a. Buyer(s) refused to accept or otherwise returned the Item as it is different from what was advertised.
- b. Buyer(s) refused to accept or otherwise returned the Item as it is defective, damaged, and or expired.
- c. Buyer(s) refused to accept or otherwise returned the Item as it is not the item they ordered.
- d. Buyer(s) refused to accept or otherwise returned the Item as the price they bought the Item online was different from what is being charged to them upon delivery.
- e. Buyer(s) refused to accept or otherwise returned the Item as there are missing parts or a promised promotion freebie included in the Package is missing.
- f. Buyer(s) have consistently rated Your Items with low ratings and reviews. g. You are selling prohibited goods.
- If at any time you are found to have violated Our Policy, We will subject Your Account and Associated Accounts to the following penalties:
- a. Issuance of five (5) demerit points per transaction that violated our Policy;
- b. Charge return-to-sender fees against Your remaining Earnings;
- c. Deactivation of Your access to Our Services and the holding of the Earnings of Your Accounts, and suspension of Disbursals, until You resolve the complaints of Your Buyers.
ANNEX 4.1–4.2 Cargo Restrictions, Prohibited Goods, and Packaging Policy
Capitalized terms used herein, where defined in the General Terms of Service Agreement, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
This Policy shall govern those products or services that cannot be sold using the Service as they are identified by law, rules or regulations, or our partner courier as a prohibited item or as unacceptable cargo. Our Fulfillment Partner provides You with pick-up (within Metro Manila) and delivery services (nationwide) (the “Pickup and Delivery Services”).
Packages and Items required to be shipped via air cargo and are regulated because of the nature of the items will be shipped via sea cargo, where applicable. However, this may take at least 15 Business Days for the Packages to be delivered.
Items and Packages tagged or identified as “prohibited” for all modes of transport will be returned to the You. We reserve the right to refuse Items and Packages for transport if they are found to be non-compliant with the Terms or this Policy.
It is imperative that You properly declare the contents of the Packages. We will not be liable for any delay or non-delivery of the Package due to a misdeclaration of the Items.
For domestic transport, airline companies identify four groups of commodities for Your reference: (1) Generally Acceptable, (2) Acceptable with special provision (3) Regulated and (4) Prohibited.
- Generally Acceptable These are Items that are usually considered as a personal item/s. The items include, but are not limited to:
- i. Clothing/Shoes
- ii. Vehicle accessories or parts, provided that they do not have a component listed in the prohibited items, or non-motorized parts
- iii. Furniture that is properly packed, preferably crated for sensitive items i.e. made of glass or brittle materials
- iv. Textiles/textile samples
- v. Documents (with or without commercial value)
- vi. IDs
- vii. Books
- viii. Bicycles (tires must be deflated when sent via air)
- ix. Children toys (without the batteries, except for toy guns and similar items)
- x. Grocery items (other than prohibited ones)
- xi. Flowers (as gifts and with packaging, not potted ones or with root)
- Acceptable with Special Provisions Special packaging is necessary to ensure that the Item/s can withstand risks brought on by transportation movement (from loading trucks to third party-airline handling to distribution center consolidations).
- i. Special Packaging Requirement Special packaging is necessary to ensure that the Item/s can withstand risks brought on by transportation movement (from loading trucks to third party-airline handling to distribution center consolidations).
- i. Some items that fall under this classification include but are not limited to the following:
- i. Special Packaging Requirement Special packaging is necessary to ensure that the Item/s can withstand risks brought on by transportation movement (from loading trucks to third party-airline handling to distribution center consolidations).
- ii. Cosmetics
- iii. Items that are prone to breakage
-
- iv. Medicines and Health Supplements
- v. Non-flammable and Non-hazardous Liquids
- vi. Proper Declaration Requirement
Declaration is necessary to protect the Buyer, the Fulfillment Partner, and Our interest. With the understanding that customers are looking forward to what is being sent, we provide the clarity of our scope of liability as the technology provider.
ANNEX 4.3–4.8 Cargo Restrictions, Prohibited Goods, and Packaging Policy
- Regulated
The restrictions for Items classified as regulated are on a per transaction basis. Restricted items are sometimes acceptable, depending on volume, material or type, composition/contents, or on packaging.
List of Regulated Items via Air
Note that these are considered non-regulated items via land or sea:- Alcoholic beverages are acceptable but only those with an alcohol content of up to 70%.
- a. Perfume is acceptable but only up to (1) One Liter per transactions. Several bottles are allowed as long as it will not exceed the maximum (1) One Liter per transaction.
- b. Knives, kitchen, and construction tools with sharp edges (i.e. Chisel, rasps, hand saw), and other sharp objects that may be used as deadly weapons are acceptable as long as it is in the original packaging or use proper packaging material that will cover all the sharp edges.
- c. Fertilizers and powder toners require a Material Safety Data Sheet (“MSDS”), a detailed information bulletin prepared by the manufacturer or importer of a chemical that describes the physical and chemical properties, physical and health hazards, routes of exposure, precautions for safe handling and use, emergency and first-aid procedures. However, even if You are able to provide the said document, the items are subject for airlines verification, and might be subject for delay or cancellation of order.
- d. Original, personal, blank or company CD/DVD/VCD are acceptable with the total maximum quantity of Php10,000.00 per transaction only, and should be properly declared in the point of sale document, waybill, or shipment documentation.
- Prohibited Items
- Prohibited Items via Air but acceptable via Land and or Sea
These items are prohibited via air for these routes only: NCR to VISMIN & PALAWAN, LUZON to VISMIN & PALAWAN, and VISMIN & PALAWAN to LUZON. See the list as follows:- i. All pressurized items
- ii. Solar Panel
- iii. Cement
- iv. Appliances with Fumes (i.e. Air Conditioner, Refrigerator)
- v. Power banks
- vi. Hoverboards and other similar self-balancing vehicles (said to run using a high-powered lithium-ion batteries)
- vii. Emergency Lights/Rechargeable Lamps, UPS
- viii. Spare/recalled batteries and shipping batteries alone are not allowed (Lithium Ion or Lithium Metal)
- ix. Grocery Items that are identified to have corrosive components:
- x. Salt
- xi. Body or Baby Oil
- xii. Anything in aerosol form (i.e. Air freshener)
- xiii. Fake/Pirated DVDs, VCDs and CDs
- xiv. Alarm Devices (gas or battery powered)
- xv. Crude Oil
- xvi. Cigarette Lighters
- xvii. Brake Fluid
- xviii. Gasoline
- xix. Liquid Chemicals
- xx. Liquid Nitrogen
- xxi. Hair Coloring
- xxii. Kerosene
- xxiii. Motor Oil
- xxiv. Acids
- xxv. Bleache
- xxvi. Poisonous Liquids
- xxvii. Paint (house paint, tinting paint, spray paints, all kinds of Oil-based paint)
- xxviii. Toy guns
- xxix. Used/recalled/reconditioned/secondhand motorized parts or engines of automobiles or motorcycles
- xxx. Used/recalled/reconditioned/secondhand generators
- a. Dangerous Items That Can Be Shipped via Roro
DG (TO FORWARD VIA LAND) – automatic RTS if bound to PPS. Dangerous Goods bound to Palawan – outright return or rider should refuse to accept.- i. Acetal
- ii. Acetyl Chloride
- iii. Acetic Acid
- iv. Acetone
- v. Acetylene
- vi. Acid
- vii. Acridine
- viii. Acrolein
- ix. Acrylonitrile
- x. Acrylic Acid
- xi. Adhesive
- xii. Adhesive Products(containing flammable liquid)
- xiii. Aerosol Cans (e.g. hairspray)
- xiv. Aerosols
- xv. Air Bag modules (car)
- xvi. Alarm Devices(gas or battery powered)
- xvii. Alcohol
- xviii. Alcohol (not more than 5 liters)
- xix. Alcohol (not more than 70% alcohol by volume)
- xx. ALCOHOLIC BEVERAGES (MORE THAN 5 PIECES)
- xxi. Alkali
- xxii. Alkaline
- xxiii. Allyl
- xxiv. Aluminum Alkyl Halides
- xxv. Aluminum Borohydride
- xxvi. Aluminum Powder
- xxvii. Ammonia
- xxviii. Ammonia Powder
- xxix. Ammonia Products
- xxx. Ammonium Nitrate
- xxxi. Anti-Freeze
- xxxii. Any items, the AIR transport of which is prohibited by law, regulation or statute of the National or Local
- xxxiii. Government.
- xxxiv. Appliances(containing batteries)
- xxxv. Asbestos
- xxxvi. Azodicarbonamide
- xxxvii. Barium
- xxxviii. Barium Azide
- xxxix. Barometers
- xl. Batteries (e.g. car or wet)
- xli. Batteries (wet cell)
- xlii. Batteries(contained in any appliance and toys)
- xliii. Battery Fluid
- xliv. Battery operated gadget or appliance
- xlv. Benzene
- xlvi. Bleach
- xlvii. Brake Fluid
- xlviii. Bromine
- xlix. Bromoacetone
- l. Bullet Proof Vests
- li. Butane
- lii. Butyl
- liii. Calcium Dithionite (Calcium Hydrosulphite)
- liv. Calcium or Calcium Alloy
- lv. Camphor
- lvi. Caps For Starting Guns
- lvii. Caps For Toy Guns
- lviii. Carbon
- lix. Carbon Paper
- lx. Caustic Soda
- lxi. CELLULAR PHONE
- lxii. Charcoal
- lxiii. Charges (propellant)
- lxiv. Charges (propellants)
- lxv. Chemicals
- lxvi. Chlorates
- lxvii. Chlorine
- lxviii. Chloro Sulphonic Acid
- lxix. Chloroacetone
- lxx. Chloroform
- lxxi. Chloropicrin
- lxxii. Chloroform
- lxxiii. Cigarette Lighters
- lxxiv. CIGARETTES OR TOBACCO (MORE THAN 5 PIECES)
- lxxv. Cleaning substance (liquid or powder)
- lxxvi. Coal
- lxxvii. Coal (hard or powdered)
- lxxviii. Coal Tar
- lxxix. Compressed Flammable (Butane, Liquid Nitrogen, Highly Pressurized
- Oxygen, LPG, Ethanol, Gasoline)
- lxxx. Compressed Gas (Ex. Oxygen Tanks, Hair Sprays)
- lxxxi. Corrosive Materials (Acids, Alkaline, Mercury, Wet cells Batteries)
- lxxxii. Cyanide
- lxxxiii. De – icing fluids
- lxxxiv. De-icing fluids
- lxxxv. Decaborane
- lxxxvi. Deiththylamine
- lxxxvii. Deodorant (aerosols)
- lxxxviii. Disinfectants
- lxxxix. Disinfectants
- xc. Drugs (unless in prescription quantities)
- xci. Dry Ice
- xcii. DVD’s, VCD’s and CD’s (MORE THAN 5 PIECES)
- xciii. Dyes (powder or liquid)
- xciv. Electronic Items
- xcv. Epoxy
- xcvi. Essential Oils(e.g. eucalyptus, tea tree)
- xcvii. Ethyl Acetate
- xcviii. Ethyl Methyl Ether
- xcix. Epoxy (in any form)
- c. Ferric Arsenate
- ci. Fertilizers
- cii. Fiberglass Repair Kits
- ciii. Fire Extinguishers
- civ. Flammable Liquid (Plants and Thinner, Light Fuels, Matches, Fire
- lighters)
- cv. Flares (smoke signals)
- cvi. Flint Lighters
- cvii. Formaldehyde
- cviii. Formaldehyde
- cix. Gas (e.g. propane, butane, hydrogen, helium)
- cx. Gas Cylinders (e.g. camping gas)
- cxi. Gasoline
- cxii. Generators(fuel powered)
- cxiii. Glue (e.g. flammable, quick drying)
- cxiv. Gun Replicas
- cxv. Hair Coloring / Bleaches
- cxvi. Hairspray (aerosol)
- cxvii. Hexanes
- cxviii. Human Remains (including ashes)
- cxix. Hydrogen
- cxx. Hydrogen Chloride, Refrigerated Liquid
- cxxi. Ice (wet or dry)
- cxxii. Igniters
- cxxiii. Indecent Goods
- cxxiv. Infectious Substances (are expected to contain pathogens. Pathogens
- are defined as micro-organisms –
- cxxv. including bacteria, viruses, rickettsia, parasites, fungi)
- cxxvi. Ink
- cxxvii. Insecticides
- cxxviii. Isopropyl
- cxxix. Jewelries
- cxxx. Kerosene
- cxxxi. Knife (should be properly packed, with casing and outer packaging)
- cxxxii. Labels/Stickers for CD’s/DVD’s
- cxxxiii. Laundry Detergents
- cxxxiv. Lead Arsenites
- cxxxv. Lighter Fluid
- cxxxvi. Lighter fluids
- cxxxvii. Lighter Gun Replicas
- cxxxviii. Liquid Nitrogen
- cxxxix. Liquified fluid
- cxl. Lithium
- cxli. Lithium Batteries
- cxlii. Magnesium
- cxliii. Magnesium Diamide
- cxliv. Magnetic Material (Magnesium Powder)
- cxlv. Magnets
- cxlvi. Maneb or Maneb Preparation
- cxlvii. Manganese
- cxlviii. Matches
- cxlix. Medical or clinical wastes
- cl. Medical Samples (biological specimens, blood, urine, fluids, tissue
- samples, etc.)
- cli. Mercury
- clii. Methane
- cliii. Money (coins, currency, paper money, and negotiable instruments
- equivalent to cash such as endorsed stocks,
- cliv. bonds and letters
- clv. Motor Fuels
- clvi. Motor Spirits
- clvii. Munitions of War
- clviii. Nail Polish
- clix. Nail Polish Remover
- clx. Naphthalene
- clxi. Nickel Carbonyl
- clxii. Nicotine
- clxiii. Nicotine (compound or prap)
- clxiv. Nitric Acid
- clxv. Nitric Acid
- clxvi. Octane
- clxvii. Organic Pesticides
- clxviii. Oven Cleaners (which include caustic soda)
- clxix. Oxidizing materials (Bleaching powder, peroxides)
- clxx. Oxygen (liquified)
- clxxi. Oxygen Cylinders
- clxxii. P-Nitrosodimethylaniline
- clxxiii. Paint (any kind)
- clxxiv. Paints
- clxxv. Patient Specimens
- clxxvi. Pentaborane
- clxxvii. Pentaerythritol
- clxxviii. Perfume
- clxxix. Perfumery Products (with flammable solutions)
- clxxx. Perfumery Products with flammable solvents
- clxxxi. Perfumes
- clxxxii. Peroxides
- clxxxiii. Pesticides
- clxxxiv. Petroleum oil or base
- clxxxv. Petroleum, oil or base
- clxxxvi. Phosphorus
- clxxxvii. Phosphorus liquids
- clxxxviii. Pine oil
- clxxxix. Pirated and Blank CD’s, DVD’s and the like
- cxc. Pirated CD’s (CD sticker labels)
- cxci. Plastic Solvent
- cxcii. Poisonous and infectious substance (pesticides, insecticides, weed
- killers, live virus materials)
- cxciii. Poisonous Liquids
- cxciv. Poisons(e.g. cyanide, lead, arsenic)
- cxcv. Polychlorinated Biphenyls, Liquid or Polyhalogenated Terphenyls, Liquid
- or Solid
- cxcvi. Polyester Resin Kits
- cxcvii. Potassium
- cxcviii. Potassium Dithionite (Potassium Hydrosulphite)
- cxcix. Primers
- cc. Projectiles
- cci. Propane
- ccii. Pyrophoric (Solid) Metal, Pyrophoric Alloy
- cciii. Pyrophoric Liquid
- cciv. Pyrophoric
- ccv. Pyrophoric or Calcium Alloys
- ccvi. Rags, Oily
- ccvii. Reloading Machine for Ammunitions
- ccviii. Resin Oil
- ccix. Shock Absorbers (gas or compressed air)
- ccx. Signals, Distress
- ccxi. Signals, Smoke
- ccxii. Sodium (Sodium Dithionite, Sodium Hydrosulphite)
- ccxiii. Sodium Chlorite
- ccxiv. Solvents
- ccxv. Sulphur Molten
- ccxvi. Sulphuric Acid
- ccxvii. Swimming Pool Chemicals
- ccxviii. Tea Tree Oil
- b. Prohibited for All Modes of Transfers
These items are not acceptable via Land, Air, or Sea. See the list as follows:- i. Any item that may cause damage or delay to other shipments, to personnel or instruments
- ii. Corrosive materials (I.e. Wet cellular phone/car batteries, mercury, acids, battery fluids)
- iii. Infectious substances (I.e. Insecticides, live virus materials)
- iv. Hazardous materials
- v. Explosive material (I.e. Gun powders, acetone, aerosols, butane, insecticide gases)
- vi. Flammable liquid
- vii. Illegal goods (I.e. Narcotics, including Marijuana)
- viii. Animals/insects (dead or alive)
- ix. Firearms and ammunition
- x. Human corpses/Carcasses (dead species)
- xi. Human remains, including ashes
- xii. Body parts and blood are considered dangerous goods
- xiii. Jewelry or bullions of precious metals
- xiv. Lottery or gambling devices (I.e. Casino chips)
- xv. Any unidentified liquid (no labels)
- xvi. Anything with these labels or dangerous goods
- xvii. Adjustable Eyeglasses that allows users to modify the prescription of
- their glasses
- xviii. Antennas that claim to provide clear TV reception, high definition TV
- (HDTV) reception, and or cable channels
- xix. Dental veneers (fake teeth)
- xx. Bank bills, note or currency
- xxi. Bullion, gold, precious stones
- xxii. Chlorine trifluoride (highly flammable)
- xxiii. Fireworks (sparklers, crackers, skyrockets)
- xxiv. Hazardous waste
- xxv. Lottery ticket
- xxvi. Pornographic materials
- xxvii. Radioactive material/substances
- Prohibited Items via Air but acceptable via Land and or Sea
- If at any time we find that you have violated this Policy, We may:. Issue fifteen (15) demerit points per transaction;
- a. Exercise Our right to dispose of or return the item You have shipped as we see fit;
- b. Temporarily deactivate your Account(s) and disbursal for two (2) weeks or permanently deactivate your Account(s), at Our discretion;
- c. Charge damages arising out of shipping dangerous and illegal goods against your remaining disbursal; and/or
- d. File civil, criminal, and administrative cases against you, as we may see fit.
- You warrant and undertake that (i) all Items offered by You are compliant with all applicable laws, regulations, standards, and rules regarding the provision of the same including rules and guidelines concerning health and consumer safety, food packaging and accessory items (including but not limited to foodware, plasticware, and other disposable food and restaurant supplies), and sanitation; You will explicitly disclose common allergens in any of Your Items; and (iii) the Items are appropriately and safely packaged in containers suitable for the nature of the Item.
- Should an Item be deemed by Us (based on Our sole discretion) to be packaged inappropriately, We reserve the right (but not the obligation) to (i) refuse to fulfill the order; (ii) open and inspect the Item or Package; (iii) repackage the Item; (iv) forward the Item to law enforcement agencies or other government offices; and/or (v) dispose or destroy the Item. Should We exercise any of Our rights under this Section, We shall not be responsible for any loss or damage that may be suffered by You.
- For avoidance of doubt, terms under Annex 4 Cargo Restrictions, Prohibited Items, and Packaging Policy supersedes Annex 3 Product Quality Policy
ANNEX 5 Merchant Behavior and Communications Policy
The Service is designed to help drive eCommerce growth which can help generate revenue for Filipinos. In this light, We believe that anyone using Our Service should adhere to this Policy to ensure that the Service is a safe space for conducting eCommerce transactions for everyone.
The use of the term “Policy” in this Annex shall refer to this Annex.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein. You covenant and represent that:
- You and Buyer. You will be solely and ultimately responsible and accountable for Your transactions and communications with Your Buyers.
- You will be respectful, accommodating, and patient when dealing with Your Buyers, other merchants, Fulfillment Partners, and QuadX employees and/or personnel.
- You have secured the valid and written consent from Your Buyer(s) if You are going to use or process their personal information to facilitate Your transactions with them or for activities outside the transactions made in Our Service such as sending of promotions, targeting of online ads, or any other activity. We consider any unauthorized use of personal information, such as spamming, as a violation of the Terms and will be subject to the issuance of demerit points and penalties under the Terms. Spamming shall refer to the use of the Services or information gathered through the Services to send unwanted messages indiscriminately (“Spamming Violation”).
- We do not tolerate the use of harmful and offensive language toward Buyers, other users, Fulfillment Partners, and QuadX employees and personnel, such as, but not limited to:
- a. Hate speech, derogatory, offensive, or sensitive words / profanities or slurs;
- b. Any form of discriminatory language such as but not limited to physical attributes, race, religious, sexual orientation and gender identification, and political affiliation;
- c. Sexually suggestive or explicit content (including profanity, offensive slang terms, terms that are common signals for pedophilia, bestiality, or sexual violence, etc.); or
- d. Words associated with terrorism and violence (collectively, “Harmful and Offensive Language”).
- a. Hate speech, derogatory, offensive, or sensitive words / profanities or slurs;
- We do not tolerate the use of harmful acts and/or acts of harassment toward Buyers, other users, Fulfillment Partners, and QuadX employees or personnel such as, but not limited to:
- a. Bodily harm and or sexual harassment;
- b. Physical or online intimidation and or threats;
- c. Illegal detention;
- d. Unauthorized use and dissemination of personal information (collectively, “Harmful Acts and Acts of Harassment”).
- a. Bodily harm and or sexual harassment;
- If You experience receiving messages containing harmful and offensive language from Our employees, personnel, Fulfillment Partners,), or Buyers, We urge You to report this case to Us so We can investigate and, if proven truthful, penalize the said parties through our internal policies. Trust that we take these matters seriously.
- If You experience receiving messages containing harmful acts and harassment from Our employees or personnel, Fulfilment Partners, and Buyers, We urge You to report this case to Us and local authorities so We can coordinate and assist in the investigation. If proven truthful, We will penalize the said parties through our internal policies and work with the proper government agency for prosecution.
- We monitor Your compliance to this policy through the Review and Ratings Feature of GoGo Xpress, or Incident Reports filed before Us in any channel, interactions with QuadX employees or personnel, interactions with Fulfillment Partners, and incidents captured through Our news monitoring and social listening activities.
- We do not tolerate violations under this Policy. If at any time we find out that You have violated this Policy we will subject Your Accounts and exercise our set off rights as provided in the MFA against your disbursals pursuant to the following:
- a. Spamming Violation
- i. Permanent deactivation of all Your Accounts; and
- ii. Imposition of a penalty fee of PHP 1,000,000.00, or an amount equivalent to Your remaining disbursals across Your Accounts, whichever is higher.
- i. Permanent deactivation of all Your Accounts; and
- b. Use of Harmful and Offensive Language
- i. Issuance ten (10) demerit points per violation; or permanent deactivation of all Your Accounts.
- i. Issuance ten (10) demerit points per violation; or permanent deactivation of all Your Accounts.
- c. Harmful Acts and Acts of Harassment
- i. Permanent deactivation of all Your Accounts;
- ii. Imposition of a penalty fee of PHP 1,000,000.00; or an amount equivalent to Your remaining disbursals across Your Accounts, whichever is higher; and
- iii. Filing of criminal, civil or administrative cases against You.
- i. Permanent deactivation of all Your Accounts;
- a. Spamming Violation
ANNEX 6 Order Processing, Pickup, and Store Drop-off Policy
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
- When Your Buyer checks out an Item, the Item quantity specified in their order will be reserved and deducted from the quantity of the item stock.
- When an order has a “Pending” status, this can mean one of two things: (i) the Buyer has chosen to pay via online banking, e-money, or other digital payment mechanisms (“Digital Payment”) and has yet to make payment, or (ii) the Buyer has chosen to pay via cash on delivery (“COD”), but hasn’t confirmed the order. A Buyer will be given 24 hours from the time the order is made to process and complete their Digital Payment or confirm their payment via COD.
- You will receive order notifications via SMS and/or email from Us. You are required to process only “Paid” or “Confirmed” orders. The order notification shall be deemed received by You once the same has been sent by Us without any express notification of failure to deliver.
- To guarantee the timely delivery of all orders paid through the Services, You need to either:
- a. Pickup Service. Request for pickup of Your Item/s within 48 hours from the time that You received the order notification (the “Pickup Period”), except on holidays and force majeure events (i.e. earthquakes, typhoons). If You don’t request for a pickup within this period, Your order will be canceled.
- i. The Service provides a pickup service in selected areas. Areas of pickup coverage may change without prior notice. Please refer to our pickup Areas;
- ii. The pickup process begins once You request for a pickup schedule within 48 hours after receiving an order notification. GoGo Xpress shall endeavor to process the pickup within the next Business Day with the exception of Sundays and holidays. We will not process pickups for any order unless You request for pickup beforehand.
- iii. You agree and acknowledge that We do not guarantee to fulfill your pickup request the next Business Day, and that We reserve the right to reschedule pickup on our sole and reasonable discretion.
- b. Store Drop-Off Service. Confirm that You will drop-off of Your item/s at identified drop-off store locations within forty-eight (48) hours from the time that You received the order notification (the “Drop-Off Period”), except on holidays and force majeure events (i.e. earthquakes, typhoons). If You do perform the confirmation required under this section, Your order will be canceled.
- i. Please refer to our drop-off store locations;
- ii. The LBC Drop-Off process begins once you complete the drop-off booking process. When you receive your reference code, this confirms your order. Make sure to pack your Item/s properly and label the package with your 12-alphanumeric reference code. Note that you’ll need to drop off your Item within 48 hours from the time you receive your reference code, or your order will be canceled;
- iii. A drop-off fee will be charged by the LBC drop-off branch. Such fees, if any, will be paid directly to the LBC branch. Fees are subject to change from time to time. Please refer to our pricing table. The fees charge will be for your sole account.
- a. Pickup Service. Request for pickup of Your Item/s within 48 hours from the time that You received the order notification (the “Pickup Period”), except on holidays and force majeure events (i.e. earthquakes, typhoons). If You don’t request for a pickup within this period, Your order will be canceled.
- We offer various Package options with maximum size and weight limits. Maximum size and weight limits are subject to change from time to time. Please refer to maximum size and weight limits in fees page.
- If Your Package exceeds the required specifications, We will be unable to accept the Item.
- If in the event that We deem that the Package You have chosen may compromise the safety of its contents, the Buyer, or of the Fulfillment Partners while in transit, We reserve the right to update, modify, or redo the packaging in order to avoid any damage or harm. This is in addition to other remedies we have in the Terms and the Related Policies. We will inform You should this be the case. Please note that any additional charges resulting from any changes in packaging will be for your sole account and may be deducted from Your Earnings subject of disbursal.
ANNEX 7 Delivery Policy
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
- When Your Buyer checks out an Item, the item quantity specified in their order will be reserved and deducted from the quantity of the item stock.
- Your Items will be delivered to the named recipient and to the address provided by Your Buyers, as inputted in the Services. A person representing to be authorized to be able to receive the goods will be deemed to be duly authorized by You.
- We or Our Fulfillment Partners do not guarantee delivery of Items that do not comply with GoGo Xpress’ ANNEX 4 Cargo Restrictions, Prohibited Goods, and Packaging Policy or other Related Policies or are classified by Us or Our Fulfillment Partner as prohibited or dangerous. View the list in the ANNEX 4 Cargo Restrictions, Prohibited Goods, and Packaging Policy.
- You agree that an Item will be considered unacceptable for delivery if it is classified as hazardous, dangerous, prohibited, or restricted by Us (based on Our sole discretion) or our Fulfillment Partners
- Products classified as hazardous, dangerous, prohibited, or restricted by Us or our Fulfillment Partner and therefore deemed unacceptable for delivery will be returned to You at Your cost and/or We reserve the right to dispose of the shipment. Violations of ANNEX 4 Cargo Restrictions, Prohibited Goods, and Packaging Policy will subject Your Account and earnings to penalties as described in the said policy or result to permanent suspension depending on the severity of your violation.
- All orders are levied a mandatory Insurance Fee. If there are any damages or losses to Your delivered goods, provided that the same is confirmed by Our investigation and subject to the ANNEX 10 Claims Policy, directly and materially caused by Us or our partner courier, We will issue an amount according to Our policy and based on the value of the goods reflected in Your Account. You, however, are responsible for processing the refund to Your Buyers unless they paid via credit card.
- Without prejudice to the Terms, if (1) the recipient refuses delivery, or (2) the delivery is deemed to be unacceptable or it has been undervalued, or (3) the recipient cannot be reasonably identified or located after 2 delivery attempts, We shall use reasonable efforts to return the package to Origin (Your pickup address) within a maximum of fifty (50) days from the date of pickup or drop off, subject to a Return-To-Shipper (RTS) fee as applicable. Please refer to Annex 15 RTS Policy. Please refer to the ANNEX 10 Claims Policy for unreturned or unclaimed RTS package handling.
- You must communicate with Your Buyers directly to resolve any requests for refund as indicated in ANNEX 10 Claims Policy; this includes refunds for COD transactions that have already been fulfilled by Us or Our Fulfillment Partner.
- IN ALL CASES, Item deliveries are subject to the terms and conditions of our Fulfillment Partners which can be viewed here.
- We deliver nationwide except for areas that We and Our Fulfillment Partner classify as Out of Delivery Zones (ODZ). View our list of ODZ. ODZs are reviewed on a regular basis and may change without prior notice.
- Out of Delivery Zones (ODZ) are areas that We or our Fulfillment Partner cannot deliver directly to due to safety concerns, poor terrain, limited availability or for any reason that We or our partner courier may have for classifying the area as such.
- Buyers whose delivery address is classified as an ODZ will need to pick up their Package at the nearest branch of our Fulfillment Partner. We will contact the Buyer in such cases to inform them where they can pick up their Package.
- You and Your Buyers undertake to comply with ANNEX 5 Merchant Behavior and Communications Policy in all Your interactions with Our Fulfillment Partners. Non-compliance will subject your Account(s) to the penalties as indicated in ANNEX 5 Merchant Behavior and Communications Policy.
ANNEX 8 Disbursal Policy
Capitalized terms used herein, where defined in the General Terms of Service Agreement, shall have the same meaning and definition as indicated therein.
- We may be in possession of the earnings you get from the sale of Your Items through the Services (less fees, charges, and penalties due under the Terms) (the “Earnings”). We will disburse Your Earnings to Your nominated bank account pursuant to the Terms (the act of disbursement shall be referred to as “Disbursals” and each a “Disbursal”). We do not accept cash cards as nominated bank accounts and the same will be considered invalid. You are responsible for ensuring that the details of your bank account which You enter in our Service are correct. In the event You enter invalid or incorrect bank account details, We will charge your Account(s) PHP 500.00 per Disbursal. If the bank account that you have nominated is valid but is owned by a different person, it will be your responsibility to coordinate with the bank and the account owner to reverse the deposit, we will only supply you with supporting documents to help with your claim against the bank account owner and or the bank.
- You authorize Us to collect payments from your Buyers on your behalf for the purpose of fulfilling our obligations to You.
- We follow a bank based Disbursal schedule. Please refer to the following schedules (the “Disbursal Schedule”) based on Your preferred bank account:


- We reserved the right to modify Our Disbursal Schedules, subject only to a 14-day prior notice.
- In an event of Dispute between You and Buyer, We will be withholding Your Disbursal until a resolution is agreed upon, which may result in the following scenarios:
- We will not be liable for any damages borne out of delays in Disbursals caused by Your preferred bank account or bank. We reserve the right to find solutions to disburse Your earnings through other means provided Your nominated and preferred bank account is not able to solve their internal incident and problem/s that is causing delay within five (5) business days (business days refer to weekdays and shall exclude weekends, public holidays, special non-working days, and other days when the banks in the City of Makati are closed) and You will cooperate with Us by complying with additional conditions We may impose such as signing of disbursal agreements to facilitate disbursal of your Earnings to other banks or means.
- Should Your demerit points reach 30 points or your sustainable use metrics fall beneath our standard and/or should We suspect fraudulent activity of any kind, We retain the right to hold the Disbursal of any of Your Earnings until the issue has been resolved. Investigation will be made and, if violations are accordingly found, applicable penalties shall be imposed against Your remaining Earnings as indicated in ANNEX 12 Merchant Quality Policy and ANNEX 11 Fraud Policy.
- We retain the right to charge deductions against your Earnings if Your Bank Account details are incorrect or invalid. We will not be liable and responsible for processing Disbursals based on incorrect Bank Account details which You have inputted into Our Service. You shall be responsible for resolving said issue with Your Bank.
ANNEX 9 Service Guarantee Policy
The Service aims to give the best customer experience to You and Buyers. Thus, We are committed to delivering the best quality of logistics and eCommerce services in the country.
With the Service Guarantee Policy, we ensure You have access to the delivery services provided by the Fulfillment Partners, vetted by Us.
Our Policy also promotes confidence and trust in You and Our Services by implementing mechanisms that mitigates risk in order to discourage fraud and provide a platform where transactions made on the Services are safe. A safe and secure Service will drive growth for all of us.
Capitalized terms used herein, were defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
Under certain circumstances, pursuant to this Policy, We may grant You rebates.
- Seller Rebates for Late Deliveries
- a. Rebate is applied if the first delivery attempt on a delivery order is made beyond the committed delivery date.
- b. Rebate does not apply if a system-wide advisory on delays is sent out via social media channels, website, in-app notifications, email, and/or SMS. This system-wide advisory shall be considered prior notice to You.
- c. The amount representing the rebate You’re entitled to will be deposited directly to Your nominated bank account together with the regular Disbursal of Your Earnings.
- d. Rebate does not apply if You have violated any of Our Terms.
- Buyer Money Back Guarantee
- a. Buyer must file a “hold payment request” via customer service email within two (2) days from delivery or respond through the Review and Ratings Page of your Seller, the link to this page will be sent to you via email after you receive your order. If no request is received within two (2) days from the receipt of your order through delivery, we will proceed with the release of the money to the Seller.
- b. If we receive a “hold payment request” via email or received notification through your input the said Seller’s Review and Ratings Page, we will inform the Seller that the payment for your Order is put on-hold due to your complaint at 12PM the following day, with instructions to directly settle their Dispute with you, the Buyer.
- c. We will exert reasonable efforts to ensure that the Seller will resolve the dispute with you within seven (7) business days, otherwise, the payment will be returned to You, the Buyer.
- d. We will consider a dispute resolved only if Seller and or Buyer provide us with supplementary documents to support the agreed resolution. This includes:
- i. Message trail between two parties.
- ii. Valid IDs from the Buyer such as but not limited to Driver’s License, BIR ID, GSIS ID, and Passport. Valid Gov’t ID
- iii. Three specimens of signature from both parties.
- e. If parties voluntarily decide to replace the order, the payment to seller will be canceled. Payment transactions made through our Service will be canceled. Seller will need to book a new transaction in our Service. New transactions borne out of Disputes will be shouldered by the Seller.
- f. If parties voluntarily decide to proceed with the payment, the amount will be disbursed to the Seller’s nominated bank account in-accordance to ANNEX 8 Disbursal Policy.
- g. If both parties do not update Customer Service within seven (7) days from the receipt of Seller- Buyer dispute message from Us, we will refund the Buyer close the case no further claim can be made against the Buyer and Us.
- h. In the event a refund is warranted where only the item price will be refunded back to the Buyer, shipping and insurance fees and other service fees will not be refunded.
ANNEX 10 Claims Policy
Welcome to GoGo Xpress! You’ll find the guidelines that make up Our Claims Policy below. In case, You can’t find the information You need, You may contact our Customer Care Team at customercare@gogoxpress.com.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein. The use of the term “Policy” in this Annex shall refer to this Annex.
- General Guidelines
- a. All complaints, claims, or other issues (each, a “Claim”) arising from Your use of the Services must be made by You, in writing, and sent via email to customercare@gogoxpress.com, within the periods stipulated below.
- b. For Claims on incomplete or damaged orders, the Claim must be made within 72 hours from the date of delivery of the relevant Item to the Buyer or date of return to the Seller.
- c. For Claims on undelivered orders where the package is still in-transit, except if confirmed by GoGo Xpress as Return-To-Shipper (RTS) orders, the Claim must be filed within the following periods, reckoned from the pick-up date by the Fulfillment Partner (the “Delivery Commencement Date”):
- i. For Metro Manila deliveries: Within 10th up to latest 20th day
- ii. For Provincial deliveries: Within 15th up to latest 25th day
- d. For Claims on Return-To-Shipper (RTS) orders that have not been returned to You within fifty (50) days from the Delivery Commencement Date, You shall have ten (10) days from the last day of the 50-day period to file a Claim. RTS orders refer to orders that are to be returned to You, the original shipper. Possible reasons for RTS orders are, but not limited to: the shipment was refused by the intended receiver; the stated delivery address could not be found; unable to deliver after prescribed delivery attempts.
- e. For Claims on delay in delivery (i.e. an order was still delivered but delivery was delayed), Claims must be filed within the following periods, reckoned from the Delivery Commencement Date:
- i. For Metro Manila deliveries: Within 10th up to latest 20th dayii. For Provincial deliveries: Within 15th up to latest 25th day. This provision shall not apply if the delay is due to the instances covered in Section 2(a) of this Policy.
- f. Applicable supporting documents may be required, such as:
- i. Pick up receipt
- ii. Screenshot of the order page with the tracking information
- iii. Any photo applicable to the claim
- g. We reserve the right to require additional documents and/or information from You that are necessary in the proper evaluation of the Claim at any time.
- h. All Claims will be subject to investigation. We shall have sole and reasonable discretion to determine whether a Claim is meritorious given the Claim and other supporting documents provided by You, the claimant.
- i. FAILURE TO FILE A CLAIM IN ACCORDANCE WITH THE ABOVE-STATED GUIDELINES AND WITHIN THE STATED PERIODS SHALL CONSTITUTE A WAIVER OF SUCH CLAIM AND SHALL FREE US FROM ANY LIABILITY WHATSOEVER. SUCH FAILURE SHALL AMOUNT TO A WAIVER BY YOU OF ANY AND ALL CLAIMS AGAINST US OR ANY OTHER USER OF THE SERVICES FOR ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF YOUR USE OF THE SERVICES OR THIS TERMS SPECIFIC TO SUCH CLAIM.
- Liability for Loss, Damage, or Delay
- a. We and Our Fulfillment Partners will not be held liable for loss, delay, or damage arising from or are materially attributable to acts of God, force majeure, acts of government authority, the Seller’s breach of this contract or other fortuitous events. The following shall be considered as force majeure: strikes, lockouts or other industrial disturbances; acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots; epidemics, pandemics; landslides, subsidence, lightning, earthquakes, fires, storms or storm warnings; crevasses, floods or washouts; civil disturbances; explosions, breakage or accident to wells, machinery, equipment or lines of pipe; the necessity for testing or making repairs or alterations to machinery or equipment; inability of Us or our Fulfillment Partners to obtain, after the exercise of reasonable diligence, necessary materials, supplies, rights of way or permits.
- b. We and Our Fulfillment Partner will not be held liable for other damages, such as moral and exemplary damages, and consequential damages unless the amount of foreseen consequential damage is declared during the acceptance and a higher delivery fee is paid.
- c. For lost or damaged Goods: Our liability is limited to the (i) value declared in the GoGo Xpress system, regardless of the actual and/or declared content of the Package and (ii) refund of the delivery fee, if applicable. If loss or damage is partial, it will be computed by Us based on a prorated amount of the total items inside the package after investigation
- d. For delay in delivery: Liability is limited to a refund of the delivery fee actually paid by You.
- Claims Attributed to the Fault of the Seller
Claims that arise from or are materially attributable to Your act or omission based on the investigation conducted will not be honored by Us and will be settled by You directly with the Buyer. We urge You to understand and comply with the ANNEX 3 Product Quality Policy to avoid claims borne out of Seller’s fault. These include but are not limited to the following cases:- a. Damaged or defective items where delivery has been completed
Items are delivered in the state in which they were picked up from You by Our Fulfillment Partner. Claims will not be honored unless there is compelling evidence of mishandling by Our Fulfillment Partner while in transit. - b. Damaged or defective items where the item delivered was not properly declared or not properly packed by the Seller
Items are delivered in the state in which they were packed by You, and due care and diligence is exercised by Our Fulfillment Partner in the handling of the Packages. You are required to declare and pack Items that may require special handling appropriately. We, and Our Fulfillment Partner , reserve the right to accept or refuse such items for pickup and delivery. Any Claims for defective or damaged Items due to non-declaration or improper packing of the item for delivery will not be honored by Us, and will be settled by Your directly with the Buyer. - c. Wrong item delivered
The Buyer has received an Item that the Buyer did not order or an Item that is not as described. For avoidance of doubt, an Item is not as described where it differs substantially from what was described in the Seller’s product description in any of the following aspects: color, quantity, quality, size, make and model. You will settle Claims due to delivery of the wrong item directly with the Buyer. - d. Use of Sell a Product on-behalf of Buyer
Transactions made using the Sell a Product where Buyer is did not input their information are considered void.
- a. Damaged or defective items where delivery has been completed
- You must file applicable Claims using the following process:
- a. You may file a Claim by sending an email to customercare@gogoxpress.com with the following information:
- i. Reason for Claim
- ii. Tracking Number
- iii. Delivery Commencement Date
- b. Attach applicable supporting documents:
- i. Pick up receipt
- ii. Screenshot of the order page with the tracking information
- iii. Photos of the damaged item and packaging in all angles
- iv. Others documents as needed
- a. You may file a Claim by sending an email to customercare@gogoxpress.com with the following information:
Note that We reserve the right to require additional documents and/or information that are necessary in the proper evaluation of the claim.
- We shall exert commercially reasonable efforts in resolving filed Claims within five (5) Business Days. Monetary Claims that are found to be meritorious after investigation will be paid within 7-10 Business Days from the date the decision is sent to You or based on an agreed pay-out schedule with Us.
- Exceptions to the Policy. This Policy shall not apply in the following instances:
- a. The Buyer has already requested a chargeback through his or her payment provider (credit card company or bank).
- b. The Buyer has already filed a dispute via his/her credit card provider or bank.
- c. Items are prohibited under ANNEX 4 Cargo Restrictions, Prohibited Goods, and Packaging Policy. In the foregoing instances, You understand that Your remedy is with Your own service providers and said Claims will not be honored by Us.
- We do not tolerate fraudulent claims. If You are suspected and proven to have filed a fraudulent claim, Your Account and Earnings for Disbursal will be subject to Penalties in accordance with ANNEX 12 Fraud Policy.
ANNEX 11 Sustainable Use Policy
GoGo Xpress is built to help every Filipino become an entrepreneur. As a business enabling other businesses to grow, We also must look at sustainable growth. Thus, We have put in place a Sustainable Use Policy that will allow Us to continue Our Services and help You grow Your business. This Policy aims to set measurements that will put You and Us in equal footing for growing Our businesses.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
- Your transactions with Our Services is subject to monitoring. We will look at how Your shipments perform and measure it against Our Sustainable Use Metrics that will help Us continue providing Our Services. We do not only measure sustainable use metrics of one Account related to You but all Accounts related to You as we may reasonably determine in our sole discretion.
- Below are the Sustainable Use Metrics We measure:
- a. Return-to-Shipper
Return-to-Shipper (RTS) refers to the number of shipments made by You to a Buyer that resulted in a failure of delivery despite delivery attempts due to the fault of the Buyer. - b. Refuse-to-Accept
Refuse-to-Accept (RTA) refers to the number of shipments made by You to a Buyer that were not accepted by the Buyer because of product quality issues and/or unauthorized and/or fraudulent behavior. - c. Wrong Address
Wrong Address (WRA) refers to the number of shipments that You made but resulted in a failure of delivery due to incorrect address or information inputted to Our System.
- a. Return-to-Shipper
- Below is our Sustainable Use Metrics Standards and Sustainable Use thresholds:
- Below are guidelines on how You can maintain Sustainable Use Metrics:
- a. Return-to-Sender
- i. Understand and comply with ANNEX 5 Merchant Behavior and Communications Policy.
- ii. Ensure coordination of the schedule of Your shipment with Your Buyer.
- b. Refuse-to-Accept
- i. Understand and comply with ANNEX 6 Product Quality Policy and ANNEX 12 Fraud Policy.
- c. Wrong Address
- i. Understand and comply with ANNEX 5 Merchant Behavior and Communications Policy and ensure You have verified the address and contact details of Your Buyers prior to booking a shipment.
- a. Return-to-Sender
- We reserve the right to update our Sustainable Use Metrics Standards. This may include adding provisions and implementing changes in thresholds per metric, addition or removal of metric(s), and or computation per metric.
- In the event your Sustainable Use metrics fall below Our standards as provided in this Policy, Your Account(s) will be put on probationary status. You will receive an email from Us containing the details of Your sustainable use metrics and a Customer Success Officer will coach You on how to improve Your metrics. Your performance will be monitored for three (3) weeks. Should Your sustainable use metrics not improve or meet Our Sustainable Use Standards, We will subject Your Account to deactivation in accordance with ANNEX 13 Merchant Quality Policy.
- We will provide rewards and privileges to Your Account in relation to product and promotions if You consistently maintain a healthy Sustainable User performance in accordance with ANNEX 13 Merchant Quality Policy.
ANNEX 12 Fraud Policy
GoGo Xpress is built to help every Filipino become an entrepreneur by enabling businesses like Yours grow and encouraging more Filipinos to purchase products through eCommerce. We have developed this Fraud Policy in order to maintain the integrity of Our Service, protect and increase the trust to Our Seller Community, and protect our Buyers.
We do not tolerate fraudulent activities in Our Service and We will exercise the full extent of the law to penalize people who are involved in these kinds of activities.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
- The following is a non-exhaustive list of activities We consider to be fraudulent:
- a. Manipulation of Ratings and Review Feature. This includes the purchase by You of Your own Items with the intention to increase Your sales and/or performance, by Yourself, through another person, or in collaboration with someone else, through the Services. This also includes the rating of Your own Account, by Yourself or with the assistance of Associated Accounts, associates or other third parties, with the intent to increase performance or create a perception of positive feedback to deceive Buyers.
- b. Defrauding Consumers. This includes but are not limited to:
- i. Unauthorized order and delivery to a Buyer.
- ii. Unauthorized use of Consumer information to make credit card and debit card payments, or other digital payment services, within our service.
- i. Unauthorized order and delivery to a Buyer.
- c. Defrauding Buyers. Defrauding Buyers refers to the use Our Service to send empty, damaged, fake, or unrelated items, and/or asking users to pay more than what You have offered them when they ordered.
- d. Organised Fraud.Organized Fraud refers to coordinated activities between Merchants, Buyers, and/or other parties with intent to profit and/or harm the Buyers, the Service, and or QuadX, Inc. Organised activities include filing of invalid/ fraudulent claims against the Service and/or QuadX which results in increased cost of operations and damage to the reputation of the Service and QuadX, Inc.
- e. Defrauding Claims. Defrauding Claims refer to filing of invalid claims such as but not limited to:
- i. Refusing to accept a parcel returned within Return-to-Sender (RTS) service level agreements (SLA) and filing a claim.
- i. Filing a claim and declaring therein a notification for RTS has not been received.
- i. Refusing to accept a parcel returned within Return-to-Sender (RTS) service level agreements (SLA) and filing a claim.
- f. Misrepresentation and Unauthorized Use of Personal Information. This refers to the use of Our Services by means of using fictitious identities and/or information, using another person’s or entity’s identity and or personal information, or impersonating someone else’ identity to register and conduct business using Our Services. This also includes offering to sell goods or services that are unlawful, or running your operations in a manner that is in violation of applicable laws and regulations.
- g. Money Laundering. This refers to the commission or facilitation of acts that are tantamount to money laundering or terrorist financing activities.
- h. Violations of Applicable Law. This refers to the commission or facilitation of activities that violate applicable laws and regulations, including but not limited to regulations for e-commerce, financial services, electronic money, and money service businesses.
- a. Manipulation of Ratings and Review Feature. This includes the purchase by You of Your own Items with the intention to increase Your sales and/or performance, by Yourself, through another person, or in collaboration with someone else, through the Services. This also includes the rating of Your own Account, by Yourself or with the assistance of Associated Accounts, associates or other third parties, with the intent to increase performance or create a perception of positive feedback to deceive Buyers.
- Any fraudulent activity will not be tolerated. The perpetrators of any fraudulent activity shall be civilly and criminally liable. We will use all necessary efforts to prevent the occurrence of fraudulent activities and we will exercise the full extent of the law to penalize people who are involved in these kinds of activities.
- We are committed to developing an anti-fraud culture and eliminating opportunities for fraud, bribery, and corruption.
- If We suspect or have reason to believe Your Account is involved in irregular or fraudulent activity, in addition to our rights under law and these Terms: (i) We are within Our rights to deactivate Your Account and Associated Account without notice and subject said Account(s) to an investigation; full recovery and/or reimbursement of direct costs and expenses incurred by Us on account of the fraud; or blacklisting you and the involved accounts.
- You will cooperate with Our investigation which We may carry out on Our own or in cooperation with private and public agencies. We commit to support any investigation of fraud, abuse and/or potential abuse, and to the extent allowed by law, provide our payment partners with necessary information to progress such investigation.
- Without prejudice to other remedies available to us in the Terms, law, or equity, if We have proven that You have violated any terms in this policy, We will permanently deactivate Your Account and all Associated Accounts and impose a penalty of PHP 5,000,000.00 or the amount equivalent to Your Account/s’ remaining Earnings subject to disbursal, whichever is higher. In addition, We will file the appropriate criminal and civil charges against You in the proper courts and/or government agencies.
- If Your Account has been permanently deactivated due to fraud, You will not be allowed to use Our Services. If we detect You back in Our Services, We will permanently deactivate Your new Accounts, dispose of Your Items in transit, and impose a penalty of PHP 5,000,000.00 or the amount equivalent to Your Account/s’ remaining Earnings subject to disbursal, whichever is higher. In addition, We will file the appropriate criminal and civil charges against You in the proper courts and/or government agencies.
- It is understood that this Fraud Policy is supplemented by any and all agreements We entered into with our payment partners.
ANNEX 13 Merchant Quality Policy
GoGo Xpress is committed to developing and nourishing trust among Sellers and Consumers by ensuring we never compromise safety, compliance, and experience of our products. We have developed this Merchant Quality Policy to serve as a guiding principles to everyone who is involved in using this Service. It is everyone’s responsibility to understand Their responsibilities, comply, and take action to ensure the integrity of GoGo Xpress is intact and our seller community and Buyers are protected and rewarded.
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
- Merchant Quality.
We define merchant quality as a compliance and adherence of Sellers to our (i) terms and conditions, (ii) related policies, and (iii) sustainability standards. We put quality systems in place to ensure the safety of Sellers and Buyers that can help drive growth in the eCommerce industry and maintain the integrity of Our Service.
Based on your compliance and adherence we may penalize or reward You as a seller on Our Service. - Compliance and Penalties.
We monitor Your use of Our Service and also consolidate information provided by Your Buyers and Our operations and Fulfillment Partners to determine whether You are compliant with our Terms. Non-compliance is considered a violation which may either earn You demerit points or penalties as determined in the Terms of Our Service:- a. Non-Compliance Activities that subject You and Your Accounts to Demerit Points and Penalties
- b. Non-Compliance Activities that subject You and Your Accounts Demerit Points, disposal of items, suspension, permanent deactivation, payment of damages, and/or legal action
- c. Non-Compliance Activities that subject You and Your Accounts Permanent Deactivation, Payment of Penalties, and Legal Action
- Probationary Status and Strikeout
We will put You and all of Your Accounts (including Associated Accounts) on probationary status (“Probation”) if you have met any of the following conditions:- a. Your Demerit Points are equal to 30.
- b. Your Sustainable Metrics as defined in ANNEX 11 Sustainable Use Policy does not meet our standards.
Accounts under Probation will be monitored for improvement for three (3) weeks and be given one (1) Strikeout Point. If Your Account(s) has been put on probationary status, We will assign a Customer Success Advocate to help guide You on how You can improve Your use of Our Services.
If after three weeks, We see no improvement We will at Our discretion deactivate Your product feature access to accept and book payments, fulfill delivery and disbursal of your ongoing transactions, and permanently deactivate Your Account(s). However, if we see improvements on Your use of our Service after three weeks but still fall short Our standards, We may at Our discretion either extend the Probationary Status to another three (3) weeks or deactivate Your product feature access to accept and book payments, fulfill delivery and disbursal of your ongoing transactions, and permanently deactivate Your Account(s).
If after three weeks, you have met our standards in using Our Service will set Your Demerit Points to zero (0) if you have any but Your Strikeout Point will be on permanent record and will only be removed one (1) year after issuance.
You can only accumulate three (3) Strikeout Points. In the event you have accumulated three (3) Strikeout Points We will deactivate Your product feature access to accept and book payments, fulfill delivery and disbursal of your ongoing transactions, and permanently deactivate Your Account(s). You may only return to use Our Services after one year from Your permanent deactivation. If We detect You in Our Service we will charge You PHP 1,000,000.00 or Your remaining disbursals whichever is higher and permanently deactivate Your Accounts.
- Seller Incubation Program
We will reward You with certain privileges which may come in discounts, perks, and special product feature access if you consistently meet our merchant quality standards.
- Nothing in this Annex shall limit or restrict Us from exercising our rights provided in other portions of the Terms.
ANNEX 14 Definition of Terms
For purposes of the Terms, the following terms have the following meanings:
- Account: refers to the accounts created by the user of the Services in order to use and access the features of the Service. We may make available to you the ability to create different types of accounts with different features.
- Associated Account: refers to other accounts created using information similar to Your registration information.
- Business Day: refers to weekdays and shall exclude weekends, public holiday, special non- working days, and other days when the banks in the City of Makati are closed.
- Claims: All complaints, claims, or other issues arising from You use of the Services.
- Disbursal: refers to the act of distributing or disbursing the Earnings to You, pursuant to the Terms.
- Earnings: refers to the proceeds from the sales (that are actually paid by Your Buyers) conducted by You through the Service, minus any fees, charges, and other amounts due from You, including amounts subject of the offset right granted to Us.
- Fulfillment Partner: refers to the riders or other third party logistics service providers that perform any portion of the transport, delivery and/or shipment of the Items.
- Item: refers to the goods or products being sold or offered for sale by You to Buyers through the Services.
- Package: refers to the object containing the Item in which the latter will be delivered through the Service.
- Personal Information: refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
- Registration Information: refers to the data inputted by You upon registration to the Service.
- User-submitted Information: refers to all data inputted by You while using the Services, including personal information pertaining to You or Your Buyer. This includes Your or Your Buyer’s First Name and Last Name, Email, Mobile Number, address, bank information, e-money wallet information, payment information, product description, and all other supplementary information that the Service requires.
ANNEX 15 Return-To-Shipper (RTS) Policy
Capitalized terms used herein, where defined in the General Terms of Service, shall have the same meaning and definition as indicated therein.
The use of the term “Policy” in this Annex shall refer to this Annex.
- At any time, it shall be the Shipper’s (“You”, “Your”) responsibility to track the package from pick up or drop off, to successful delivery or failure thereof. The Return-To-Shipper (“RTS”) process shall be initiated after two (2) delivery attempts (for reasons marked below as “for 2nd delivery attempt”) or after (1) delivery attempt to the intended recipient where any of the following causes to return the package are present (marked as “charge rts”)
- a. Where the package was picked-up by Us from Your indicated pickup address, You shall be charged a Return-To-Sender fee equal to the shipping fee (and otherrelated fees) VAT inclusive (“RTS Fee”), per tracking number for the return of the package to Your address. If you are unavailable to receive the package after two (2) delivery attempts for any reason out of Our control, You hereby agree that the package shall be forfeited in favor of GoGo Xpress who shall dispose the same in a manner GoGo Xpress sees fit and apply the proceeds thereof, if any, in lieu of any incurred charges or expenses.
- b. Where the package was dropped off at partner branch but it was not delivered to Your recipient, it shall be returned to the partner branch where You dropped it off. In accordance with Annex 7 Delivery Policy, GoGo Xpress will send You a notification that it is ready for pick up. You may then pick up the returned packagefrom the said partner branch subject to partner branch’s applicable policies.
- For lost or damaged Goods, please refer to ANNEX 10 Claims Policy. GoGo Xpress may issue or refund an amount in accordance with ANNEX 10 Claims Policy for loss or damage found to be directly and materially caused by Us or Our Fulfillment Partner after due investigation.
- You shall receive a Billing Invoice (“Bill”) email every Wednesday for the previous week’s RTS shipments as outlined in Section 1(a) of this Policy. The Bill shall be supported by a report itemizing the RTS tracking numbers included in the said week’s total RTS Fees. The total RTS Fee in the Bill shall then be deducted from Your Earnings for Disbursal for the same week.
- If there are no available Earnings for Disbursal in Your account, or if it is insufficient at the time of collection, You shall settle it through fund transfer to the bank account or such other payment account that will be indicated in the Bill within seven (7) days from the date of issuance of the Bill. Failure to settle the Bill shall entitle GoGo Xpress to suspend or cancel Your access to accept and book payments, process ongoing transactions, fulfill delivery and Disbursal of Your Earnings until payment has been made. This suspension or cancellation of your account shall be deemed independent of the stipulations in ANNEX 13 Merchant Quality Policy.
- GoGo Xpress retains the right to change or update the RTS Fee and the mechanics of this Policy at any time, at Our sole discretion with or without prior notice. You undertake to periodically visit this Policy for updates. You will be given notice and sufficient time as determined solely and reasonably by Us if there will be changes that will significantly impact your Usage of the Service.
- Nothing in this Annex shall limit or restrict Us from exercising Our rights provided in other portions of the Terms.
- Return-To-Sender (RTS) fees, except when waived in writing by Us at our sole discretion, will be shouldered by You. RTS fees are imposed after an undelivered package is returned to the point of origin (pickup address). The RTS fee is equal to the shipping fee (and other related fees) charged for the delivery, subject to change without further notice, and may (at Our sole discretion and without prior notice at each instance) be deducted from Your next disbursal or send You billing for Us to collect owed RTS fees